Madras High Court
Rita Jayaraj vs The Inspector Of Police on 26 July, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
CRL.O.P No.5292 of 2018
and
Crl.M.P Nos.2616 & 2617 of 2018
Rita Jayaraj ...Petitioner
Vs.
1. The Inspector of Police,
DCB Kancheepuram. ....Respondent
2. Pushpa Anthony samy .. Respondent /
Defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, praying to call for the records and quash all
proceedings in CC.No.58/2016 on the file of the learned Judicial
Magistrate-II, Kanchipuram in Crime No.60/2013 on the file of the
Inspector of Police, DCB, Kancheepuram pending investigation before
the respondent police based on the complaint dated 11.05.2012.
For Petitioner : Mr.S.N.A.Hussainy
For Respondent : Mr.C.E.Pratap - R1
For Public Prosecutor
Mr.D.Murthy - R2
https://www.mhc.tn.gov.in/judis/
2
ORDER
This petition has been filed challenging the proceedings initiated
by the respondent against the petitioner under Sections 120(b), 420, 423,
465, 468 & 471 of IPC in Cr.No.60 of 2013.
2. The grounds raised by the counsel for the petitioner are all
factual in nature and it requires appreciation of evidence and this Court
cannot decide the same in exercise of its jurisdiction under Section 482
of Criminal Procedure Code. It is left open to the petitioner to raise all
the grounds before the Court below and the same shall be considered on
its own merits and in accordance with law. This Court is not inclined to
interfere with the proceedings pending before the Court below.
3. The learned counsel for the petitioner requested this Court to
dispense with the presence of the petitioner. Taking into consideration,
the facts and circumstances of the case, the presence of the petitioner is
dispensed with and he shall be represented by a counsel, who shall cross
examine the witnesses on the same day, they are examined in Chief. The
petitioner shall be present before the Court below at the time of
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questioning under Section 313 Cr.P.C and at the time of passing of the
final judgement.
4. Accordingly, this Criminal Original Petition is disposed of with
a direction to the Court below to complete the proceedings in CC No.58
of 2016 as expeditiously as possible. The trial shall be conducted on a
day to day basis in accordance with the guidelines given by Hon'ble
Supreme Court reported in Vinod Kumar Vs State of Punjab [2015 (1)
MLJ (Crl) 288 SC]. If the petitioner adopts any dilatory tactics, it is open
to the trial Court to insist upon the presence of the petitioner and
remand him to custody as per the judgment of the Hon'ble Supreme
Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH
SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous
petitions are also closed.
26.07.2021
Index: Yes/No
Internet: Yes/No
rli
M.DHANDAPANI.J,
https://www.mhc.tn.gov.in/judis/
rli
To
1. The Judicial Magistrate-II, Kanchipuram.
2. The Inspector of Police,
DCB Kancheepuram.
3. The Public Prosecutor,
High Court, Madras
CRL.O.P No.5292 of 2018
and
Crl.M.P Nos.2616 & 2617 of 2018
26.07.2021
https://www.mhc.tn.gov.in/judis/
